0112 (Street & RR Crossing Maint.)ORDINANCE NO. C/2'
AN ORDINANCE PROVIDING FOR THE CONSTRUCTION,
MAINTENANCE, AND REPAIR OF STREET AND RAILROAD CROSSINGS;
EMPOWERING THE CITY OF OKEECHOBEE, FLORIDA, TO CONSTRUCT
OR MAINTAIN SUCH CROSSINGS AFTER NOTICE, AND THE LEVYING
OF LIENS FOR THE EXPENSE OF SUCH WORK; PROVIDING FOR
CONSTRUCTION AND MAINTENANCE BY THE CITY OF OOECHOBEE
WITHOUT NOTICE WHERE NO LIENS ARE LEVIED; AND MAKING IT
UNLAWFUL FOR ANY PERSON TO REMOVE, MOLEST, OR ALTER ANY
SUCH CROSSINGS; AND PROVIDING A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE.
BE IT ORDAII9ED BY THE MAYOR AND THE CITY COUNCIL
OF THE CITY OF OKEECHOBEE, FLORIDA;
Section 1.
All railroad companies, corporations, firms, or
individuals owning or operating a line of railroad, log
road, or tram road in the City of Okeechobee, Florida,
shall build, construot, maintain, and keep in good con-
dition street, road, or highway crossings at all points
where said line of railroad is crossed by any public street,
road, or highway where required by the City Council of the
City of Okeechobee, Florida.
Section 2.
The highway and street crossings herein provided
for shall at all times be subject to the inspection and
approval of the City Council of the City of Okeeohobee,
Florida.
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Section 3.
Whenever any crossing is not constructed or main-
tained as provided for in Seotion One of this ordinance the
City Council may give notice in writing to the owner or
operator of such railroad setting forth the place and nature
of the crossing required or repairs needed, requiring the
crossing to be built or the repairs made within thirty days
from the time of the service of such notice. The service
of such notice upon any agent of owner, or operator of
such railroad, residing or having an office or place of
business within the City of Okeechobee, Florida, shall be
deemed service upon the owner or operator; or such service
may be effected by mailing a copy of the notice to any
officer or director of the company or to the owner or
operator of such railroad addressed to him at his usual
place of business with the legal postage thereon.
Section 4.
If the railroad company, owner, or operator of
such railroad, log road, or tram road shall fail or refuse
to construct such crossing and to make the required repairs
within the time specified in the notice then the City
Council shall proceed to have said crossings built or
repaired, and upon completion thereof shall file in the
office of the Clerk of Circuit Court of Okeeohobee County
an itemized statement of the expenses for labor and mater-
ial, sworn to by the Superintendent of the work, which
said statement shall be by said clerk forthwith recorded in
the Lien Record Book, and shall thereupon become a lien
upon the road bed and rolling stock of said railroad.
Section 5.
Immediately upon recording such statement provided
for in Section Four of this ordinance the said Clerk of
Circuit Court of Okeeohobee County shall send a copy thereof
by mail to any officer, or agent of the owner, or operator
of said railroad, log toad, or tram road; or deliver the
same in person; and if such company, owner, or operator
shall fail to pay the same within twenty days suit may be
instituted to enforce the payment thereof.
Section 6.
The liens created under the provisions of this
ordinanoe may be enforced by an ordinary suit at law, or as
is now or may hereafter be provided by law, for the enforce -
ment of liens.
Section 7.
Judgments or decrees rendered and entered under the
provisions of this ordinance shall include a reasonable
allowance for attorneys fees.
Section 8.
If in the judgment of the City Council of the City
of Okeechobee, Florida, any crossing or interseotion of
railroad and street or highway in the City of Okeechobee,
Florida, shall be a dangerous and hazardous crossing, being
rough and hazardous to motor vehicles or their occupants,
by virtue of their unrepaired condition, the City Council
may repair such crossing or orossings without giving any
notice to the railroad oompany, owner, or operator of any
such railroad, log road, or tram road; but no lien shall be
assessed against said railroad company, owner, or operator
for any money expended for labor and material in the repair
of such crossing.
1.
Seotion 9.
It shall be and the same is hereby made unlawful
for any person, persons, firm, or corporation to in any
way deface, alter, change, or molest any street and rail-
road crossing or intersection of street and railroad, in
the City of Okeechobee, Florida, in such a manner as to
make such crossing rough or hazardous for motor vehicles
or their occupants.
Section 10.
It shall be unlawful and a violation of this
ordinance for any railroad company, any section foreman,
or member of the crew of any section foreman, to remove
or disturb any timber, stone, rook, or other material from
a street and railroad crossing, where such material has
been placed by the City of Okeechobee, Florida, under and
by virtue of Section Eight of this ordinance.
Section 11.
Any person, persons, firm, or corporation who
violates Sections Nine or Ten of this ordinance shall be
subject to a fine not exceeding Three Hundred ($300.00)
Dollars, and by imprisonment not exceeding sixty (60)
days, or by both such fine or imprisonment in the discre-
tion of the Mayor for each violation thereof.
Section 12.
This ordinance shall take effect immediately upon
its passage and approval by the Mayor.
Read a first time and by unanimous consent passed
to a second reading.
A
Read a second time and by unanimous consent passed
to a third and final reading.
Read a third time and passed in open session of the
City Council this 18th day of August, A. D. 1926.
ATTEST:
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President of a City Council.
Approved by me this 18th day of
August ' .D. 1926.